A Child with Cerebral Palsy After a Birth Injury — What Can Parents Do?
When a child is diagnosed with cerebral palsy (CP) following a difficult birth, parents often face overwhelming questions: How did this happen? Could it have been prevented? What comes next?
In many cases, cerebral palsy is linked to obstetric malpractice, where medical providers failed to recognize or respond to signs of oxygen deprivation (hypoxia) during labor and delivery. For families, this means not only seeking answers but also planning for a lifetime of care and financial support.
How Birth Injuries Lead to Cerebral Palsy
Cerebral palsy is a permanent neurological disorder caused by damage to a child’s developing brain. In obstetric malpractice cases, the most common causes are:
Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by lack of oxygen or blood flow.
Failure to monitor fetal distress: Ignoring abnormal heart rate patterns on electronic fetal monitoring (EFM).
Delayed C-section: Waiting too long to intervene despite clear signs of distress.
Improper use of forceps or vacuum: Leading to brain bleeds or trauma.
Failure to treat maternal complications: Such as infection, uterine rupture, or preeclampsia.
When these injuries occur, the result can be lifelong disability, including motor impairments, developmental delays, and seizures.
The Emotional and Financial Toll on Families
Parents of children with CP face both emotional grief and enormous financial burdens. Challenges include:
Daily care needs: Assistance with mobility, feeding, and personal care.
Medical treatment: Surgeries, medications, and frequent hospitalizations.
Therapies: Physical, occupational, and speech therapy to maximize independence.
Special education: Tailored learning support in school.
Adaptive equipment and housing modifications: Wheelchairs, lifts, ramps, and accessible vehicles.
The lifetime cost of care for a child with cerebral palsy often exceeds millions of dollars.
Legal Options for Parents
If cerebral palsy is linked to a preventable birth injury, parents may be entitled to pursue a medical malpractice claim. These cases often focus on:
Whether OBs, nurses, or hospitals followed accepted standards of care.
Whether timely interventions — such as ordering a C-section — could have prevented hypoxic injury.
Documentation gaps in fetal monitoring, maternal care, or neonatal resuscitation.
Damages may include: medical costs, future care expenses, lost earning capacity, and compensation for pain and suffering.
Because statutes of limitations vary by state, it is critical for parents to seek legal review as soon as possible.
How Lexcura Summit Supports Cerebral Palsy Cases
At Lexcura Summit Medical-Legal Consulting, we help attorneys and families uncover the medical truth behind birth injury cases. Our services include:
Medical Chronologies: Detailed, minute-by-minute reconstruction of labor, delivery, and neonatal care.
Narrative Summaries: Simplified explanations of complex medical records for judges and juries.
Life Care Plans: Comprehensive projections of the lifetime medical, therapeutic, and financial needs for children with CP.
Expert Case Screening: Early evaluation of whether malpractice contributed to the injury.
Defense & Rebuttal Reports: For legal teams handling high-risk or contested cases.
Our 200+ board-certified clinicians deliver litigation-ready reports in just 7 days (rush service in 2–3), fully HIPAA-compliant and available nationwide.
Key Takeaways for Parents and Attorneys
Cerebral palsy caused by hypoxia during birth may indicate preventable malpractice.
Families face enormous emotional and financial burdens requiring lifelong planning.
Medical chronologies and life care plans are critical tools in proving negligence and securing compensation.
Lexcura Summit provides the expert medical-legal support attorneys need to build strong CP cases.
Partner With Lexcura Summit
If your firm is representing parents of a child with cerebral palsy after a birth injury, Lexcura Summit can provide the litigation-ready expertise you need.
📞 (352) 703-0703
🌐 www.lexcura-summit.com
